31 May 2012

Can't say this was unexpected. The New Jersey Senate Judiciary Committee has rejected Gov. Chris Christie’s nomination of the nation's only Black gay Republican mayor to the state Supreme Court. Chatham Borough Mayor Bruce Harris would have become the state's first openly gay Supreme Court justice and the nation's only Black openly gay supreme court justice.

His nomination in January was well-received by gay rights groups and by Democrats as a welcome move for diversity on the court, particularly as Mr. Christie, a Republican, was resisting the Legislature’s effort to legalize same-sex marriage.

But at a Judiciary Committee hearing on the nomination on Thursday, Democrats, who hold the majority on the panel, argued that Mr. Harris lacked the appropriate legal experience. A lawyer working primarily on lending and public finance transactions at Greenberg Traurig, a large national firm, he failed to make partner, and by his own admission on Thursday he has almost no courtroom experience. [...]

Under questioning, he acknowledged that there was little in the way of writing that they could examine to evaluate the caliber of his legal thinking. He had rarely even appeared in court, except, he said, to do some pro bono work on drunken-driving cases

On the recusal issue, Sen. Christopher Bateman (R-Somerset) came to Harris’ defense, saying a court ruling requires judges to recuse themselves on some matters. But when Harris said he wasn’t aware of the ruling, Sen. Nia Gill (D-Essex) said she was even more troubled. "That’s why your recusal is more disturbing — because you’re not a judge and you have already actively taken yourself out of the process," Gill said. "Is your recusal political?"

Harris calmly replied, "My decision to recuse myself on same-sex marriage is no political calculus." He said that although he could be impartial in deciding such cases, he didn’t want to give the public the opportunity to question that impartiality because he had advocated for same-sex marriage in 2009.

Harris’ defeat is the second setback for Christie in the past two months. First Assistant Attorney General Phillip Kwon was also rejected two months ago on a 7-6 vote .

Last week the entire New Jersey Black Legislative Caucus went on the record to oppose Harris' nomination. The group of 17 Black lawmakers includes New Jersey Assembly Speaker Sheila Oliver and Sen. Nia Gill, longtime gay allies and leaders in the Garden State's push for equal marriage. Christie vetoed New Jersey's marriage equality legislation on February 17. Democratic legislative leaders have vowed to override the veto by January 2014.

Today''s vote comes almost two years after the Republican governor infuriated Democrats and minorities by replacing the court's only Black justice with a white Republican. Justice John Wallace, who was a Democrat, supported LGBT rights and marriage equality. Wallace had two years to go before reaching the mandatory retirement age of 70.

Mitt “Multiple Choice” Romney’s failure to lead on this issue is yet another data point in a biography that is over-populated with opportunism and cowardice. The man who wants to become our commander-in-chief is afraid to confront the noisy, far-right fringe of his party. Romney appointed an openly gay foreign policy spokesperson last month. The religious right vocally opposed the appointment and a few weeks later the “spokesperson”—that was never allowed to speak to media—resigned. Remember when Romney shifted his positions on climate change twice in the same week? He’s flipped on gay rights, a woman’s right to choose—sadly the list goes on and on.

So many missed opportunities, which are possibly why Mitt’s negatives are so high, even within his own party. The Republican base knows that Romney is an opportunist—that’s why he’s “winning” the Republican nomination only because a field of even more mediocre candidates self-destructed. Romney won’t denounce Trump’s race-baiting because he doesn’t want to seem like he’s being “punk’d.” But he’s going to have to address it sooner or later—before Trump’s fringe “birther” narrative becomes the defining message of his campaign.

"The victim was walking to 'The Pink Store' with a friend to get something to eat. They passed these defendants [Moragne and Williams] and the co-defendants. At some point … [Christopher Cain] believed Mr. White made a sexual advance against him. Mr. white has firmly said no he did not,” [Prosecutor J. Gabriel Banks] said. "Cain got upset as Mr. White exited the store and struck him from behind. These two defendants [Moragne and Williams] began to hit stomp and kick Mr. White," Banks added. Moragne was also identified as the person who threw a tire on White as he was on the ground trying to shield himself from the constant blows.

"It is important to note that was all being videotaped as they all said, 'No faggots in Jack City," Banks said. "Clearly in the state's view this is a hate crime."

Moragne's defense attorney had previously admitted that his client was "only" recording the assault—but claimed that he was "not" one of the assailants. Moragne and Williams face more than 75 years in prison. Two other suspects—Christopher Cain and Javaris Bradford—did not entered plea agreements today. Cain's attorney could not attend the hearing. Williams remains at large.

Georgia is one of only five states without a hate crimes law. The Justice Department has already announced they will file federal charges, reports the AJC.

Moragne's attorney, Jay Abt, said federal authorities "flew a lawyer down here personally to inform us." A spokesman for the U.S. Attorney's Office did not respond to a request for comment on the federal charges. Abt said he assumes Moragne's co-defendants will also be charged by the U.S. Attorney, who has been investigating the case since February.

Cain has been described as one of the "main aggressors" of the 4 February attack who "stomped White after he was punched and kicked". Cain was captured on 11 February and was the first suspect collared. Moragne surrendered on February 17. Williams fled Georgia and surrendered to Pennsylvania authorities on February 23. Bradford was indicted by a grand jury in late March.

The victim Brandon White says that he "feels good" about the the guilty pleas. "Justice will be served," said the 20-year-old man. "It's been a journey. I've been down. Boy, have I been down."

Moragne and Williams will be sentenced in July. The federal prosecution and/or sentencing begins after the state has concluded its case.

An update from Malawi, whose brand new President Joyce Banda made international news this month when she promised to repeal the southern African nation's anti-gay laws. Malawi would become the first African nation to do so since South Africa in 1994.

Parliamentary leaders of Banda's ruling Democratic Progressive Party have announced a "moratorium" on arrests and prosecutions of suspected gays and lesbians. Repeal is not expected immediately, reports Malawi Today.

Leader of government in Malawi parliament Henry Phoya said Tuesday that the controversial law that restricts homosexuality is not part of business in the current sitting. The statement sharply contradicts President Joyce Banda’s statement that the law will be repealed as a matter of urgency.

"We don’t have any business on same sex marriages and you can cross check with our time table. If you ask me about what the president said, then the message was that she would like to see these laws reviewed some time in future,” Phoya said. [...]

"There’s currently a moratorium on the law, so there will be no arrests or prosecutions based on the law,” [Justice Minister] Ralph Kasambara, the justice minister, told Zodiak Radio.

Zodiak Radio broadcast an unconfirmed report that "two lesbians reportedly got engaged" in Blantyre, the nation's second largest city and its commercial capital. It's worth noting that the radio station is controlled by the opposition party.

Same-sex acts are currently illegal in Malawi, as they are in at least 38 of 54 African countries. The maximum punishment is 14 years behind bars and hard labor. In September 2009, a senior official first suggested that the conservative African nation "must recognize" gay rights if it hopes to properly address HIV/AIDS.

Four nations—Mauritania, Nigeria, Somalia and Sudan—boast the death penalty for gays or same-sex activity. South Africa and Seychelles are the only African nations that protect LGBT rights. South Africa is also the only African nation to guarantee marriage equality. Kenya's parliament and supreme court are considering decriminalizing its sodomy statute.

This is major. East and Central Africa’s largest media conglomerate has banned all political advertising that includes any "hate speech" or "contempt" toward "sexual orientation." The new guidance by the Nation Media Group will affect advertising in Kenya's and Tanzania's largest newspapers, Uganda's largest independent newspaper and broadcast outlets in all three nations.

The guidelines were released in advance of Kenya's upcoming elections, reports Behind The Mask.

The move by the NMG to publish guidelines for political advertising comes as a pleasant surprise. The group released a statement in its flagship Daily Nation newspaper on May 26 outlining rules to be observed prior to running political advertisements in any of the NMG publications or broadcast media.

Perhaps the most significant new NMG rule for human rights defenders is Rule 5 which states: "Advertisements shall be rejected outright if they contain the following: ...

a) Obscene or profane language or pictorial representation that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability."

NMG includes The Daily Nation—Kenya's largest newspaper—and Uganda's Daily Monitor. The group also includes NTV, which broadcasts in Kenya, Uganda and Tanzania. The Nation has published a number of pro-LGBT pieces reports in recent months, such as this op-ed attacking anti-gay bias.

Same-sex acts are currently illegal in at least 38 of 54 African countries. Four nations—Mauritania, Nigeria, Somalia and Sudan—boast the death penalty for gays or same-sex activity. South Africa and Seychelles are the only African nations that protect LGBT rights. South Africa is also the only African nation to guarantee marriage equality.

Champion allegedly volunteered for the initiation because he was "seeking the top position in the famed marching band, leading dozens who had already endured the hazing," reports the Associated Press. "'It's a respect thing, you know,' defendant Jonathan Boyce told detectives. 'Well, he was wanting to do it all ... all season.'"

Champion was brutally kicked, slammed with a "big orange traffic cone" and beaten with drum sticks, according to "hundreds of pages" of evidence released by prosecutors. The 26-year-old drum major suffered blunt trauma blows and died from shock caused by severe bleeding, according to the autopsy.

Champion's parents said their son was a vocal opponent of hazing and do not believe that he volunteered to be hazed. "He was murdered on that bus, and no one signs up for that," Pam Champion told the AP.

Thirteen defendants were charged with felony hazing on May 2. Two defendants face misdemeanor counts. The felony hazing charge carries a maximum penalty of almost six years. The band has been suspended until next year. FAMU is Florida's only historically black public university.

Yvette Jones, spokesperson for the Fulton DA's office stated the men are on the trial calendar and clarified what will happen. "The case is being called out alongside several others. The Judge will make a determination which case will move forward and begin the process of jury selection."

Four men [are] charged in the brutal attack ... each charged with two counts of participation in criminal street gang activity, robbery by force and aggravated assault. The men charged in the anti-gay beating of Brandon White are Javaris Bradford, 24; Christopher Cain, 19; Dorian Moragne, 19; and Darael Demare Williams, a minor. ... The four suspects will appear before Fulton County Superior Court Judge Jackson Bedford.

The 20-year-old White could be seen ambushed by three young men, kicked, punched and hit with a tire while another man laughed repeatedly and called him a "faggot." The violent video of the February 4 attack quickly went viral across the internet.

The publication of the book is timely. A new survey was released this week that found a shocking 43 percent of Black gay youth have considered or attempted suicide as a result of issues related to their sexual orientation. More than a quarter of Black gay youth say they have experienced anti-gay bullying. Almost one in ten have been sexually or physically abused.

"There are 44 pieces from 42 authors, including 37 African-Americans, 3 Latinos, 1 Asian-American, 1 Canadian and 1 British writer," Keith Boykin told R20. "The contributors' ages range from 23 to 63. We have at least 5 writers in their 20s."

"I'll never stop looking flawless!" vows Canada's Damian Warner after winning the 100 meter race of the decathlon at the Hypo 2012 in Goetzis, Austria on Saturday. The London-born Warner won the 100m and 110m hurdles with times of 10.59s and 13.78s.

Canada's leading decathlete started very strong but came up short of automatically qualifying for the London 2012 Olympics, reports the London Free Press. "Warner finished with 7,961 points. The Canadian Olympic A standard is 8,200 points. Warner’s total surpassed the B standard of 7,950 and it might still get him to England if no other Canadian makes the A standard before the Games start July 27.

Warner's next chance at qualifying for London 2012 will be June 27-30 in Calgary. Two more photos AFTER THE JUMP ...

27 May 2012

One of the more interesting stories at this weekend's Eurovision Song Contest in Baku, Azerbaijan was that of Ukraine's Gaitana. The Ukrainian-Congolese pop star made it to Sunday's finals—which Ukraine won in 2004. Her song "Be My Guest" topped the charts in Ukraine and Russia. It's destined to become a club anthem for the gays in Ibiza and South Beach.

Gaitana was born in Kiev to a Congolese father and a Ukrainian mother. She lived in the Republic of Congo as a young child before returning to the Ukraine, where she is quite popular and sings in Ukrainian, Russian and English. A far-right politician created a huge controversy with racist remarks last February about the singer, reported the Kiev Times and AFP.

"[Eurovision's] millions of viewers will see Ukraine represented by someone who does not belong to our race, and they will think Ukraine is located somewhere in Africa," said Yury Sirotnyuk of the Svoboda Party. The comments created a "huge outcry from artists and musicians." Ukraine's ruling party and state television later demanded an apology.